[2015] KEELRC 1559 (KLR)
The court determined that the applicant's filing of a new suit on the same subject matter as an existing case (Cause No. 587/2013), where interim stay orders are already in place and the parties are directed to resolve union recognition through a ballot, is unnecessary and constitutes an abuse of the court process....
Source-derived case information.
- Citation
- [2015] KEELRC 1559 (KLR)
- Parties
- Applicant: Rift Valley Railways Workers Union (K); Respondent: Rift Valley Railways (K) Ltd; Respondent: Railways & Allied Workers Union (K)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2206 of 2014
- Procedural Posture
- Employment Cause / Ruling on Preliminary Application
- Outcome
- application dismissed with costs
- Legal Topics
- Retrenchment Procedure, Union Recognition Dispute, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rift Valley Railways Workers Union (K)
Applicant
Rift Valley Railways (K) Ltd
Respondent
Railways & Allied Workers Union (K)
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Application
Legal Issues
- 1 Whether the filing of a new suit on the same subject matter as Cause No. 587/2013 constitutes an abuse of court process.
- 2 Whether the application seeking to stay the retrenchment process should be entertained in light of existing proceedings and interim orders in Cause No. 587/2013.
Ratio Decidendi
The court determined that the applicant's filing of a new suit on the same subject matter as an existing case (Cause No. 587/2013), where interim stay orders are already in place and the parties are directed to resolve union recognition through a ballot, is unnecessary and constitutes an abuse of the court process. The absence of any final orders sought in the main suit further supports the respondents' contention that the application is improper. Consequently, the court dismissed the application with costs, emphasizing the need to avoid duplicative litigation and to respect ongoing proceedings and orders in related matters.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 2206 OF 2014
RIFT VALLEY RAILWAYS WORKERS UNION (K) ………. CLAIMANT
VERSUS
RIFT VALLEY RAILWAYS (K) LTD ……………..….. 1ST RESPONDENT
RAILWAYS & ALLIED WORKERS
UNION (K) …………………………………………….. 2ND RESPONDENT
Mr. Munai for Claimant Union
Mr. Mwenesi for 1st Respondent
Mr. Selian for 2nd Respondent
RULING
1. In the Memorandum of Claim dated 11th December 2014, the Claimant / Applicant seeks the following Orders;
That the Court issues a declaratory order that the purported retrenchment exercise as is being effected by the Respondents is contemptuous to the Court process hence null and void ab initio.
That the said retrenchment process be stayed until the issues in the Application are heard and determined.
2. The Memorandum of Claim was filed simultaneously with an application that seeks inter alia similar orders as in (a) and (b) above.
No interim orders are sought pending the hearing and determination of the suit.
3. It is submitted by the 1st and 2nd Respondents that the Application and the memorandum of Claim as framed are defective in as far as the Applicant does not seek interim orders pending the hearing of the main suit.
4. Furthermore, in Cause No. 587/2013, the Claimant and the 2nd Respondent were directed to conduct a ballot at the work place of 1st Respondent to establish who between the two ought to be recognized as the sole representative of the employees.
5. The 2nd Respondent has noted an Appeal against the ruling of Ndolo J. in Cause No. 587/2013 aforesaid and Interim Stay Orders are in place.
6. It was submitted that the Application before the Court ought to have been moved in Cause No. 587/2013 since it is alleged that the intended retrenchment is meant to defeat the recognition sought by the Claimant / Applicant herein.
7. The Court finds that it was unnecessary and an abuse of the Court process to commence a new suit on the same subject matter.
Furthermore, in the main suit herein, no final orders are sought which seems to confirm the submissions by counsel for the 1st Respondent that this Application is an abuse of the Court process.
Accordingly, the Application is dismissed with costs.
Dated and Delivered at Nairobi this 6th day of March, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE